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20121202
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Search Results 0 to 8 of about 9 (some duplicates have been removed)
is taking the prop 8 case, the perry case, as well as the doma case. and, you know, look, when this case was filed almost four years ago, the prop 8 case, we made the case in court that in this country we don't deny our citizens a fundamental right, and the supreme court has called marriage a fundamental right no less than 14 times in the history of this country, and i'm optimistic that once the court does hear this case and the doma case, they're going to come down on the side of freedom, liberty, and equality just as they have so many times in our nation's past. >> and equal protection of the laws. elizabeth, thank you for coming on. equal protection of the laws. liberty is a pretty profound notion in this country. >> it is. >> pursuit of happiness is our declaration. why not? >> here is the thing, if you are gay and alive in our time in america, we're living in a kind of a policy and civil rights renaissance. we have seen extraordinary leadership from other parts of government already. don't we judge, chris, presidents by whether they stand up to the moment of history in which they li
of the arc of history and civil rights, given the fact that they're taking up both doma and prop 8. i wonder where you think roberts fits into all this. >> based on some of the other decisions he has made, i don't think he is quite as conservative as some people think. i think taking up the doma case is really important because we really need to have the defense of marriage act struck down. marriage in the states is great. but at the end of the day, there is an awful lot of benefits that come from the federal tax code, that people who get married need to enjoy if you're going to have a fair and equitable situation in society. so i think they made a big step forward here. and, you know, the court is a hard place to read. unfortunately, it's not like the election. well don't have nate silver to read every morning to tell us how it's going to turn out. but we'll all be watching closely. >> chris, there is a third issue that the justices haven't taken up yet, and that's an arizona law that bars some same-sex spouses from access to state benefits. where do we go on that? what happens to that issu
the federal defense of marriage act, or d doma, and another involving california's proposition 8, banning same-sex marriages in that state. for analysis into these historic cases, what's going to be a historic hearing, i want to bring in kinji yoshityoshito, professor of constitutional law at new york city. great to see you. >> good to see you. >> put prop 8 aside for a second. do you believe that the supreme court will strike down doma. this is what what you've said. walk me through your thinking on that one. >> y bet. so doma is a really narrow challenge insofar as what the statute does is it says for federal purposes marriages are defined between one man and one woman. so i think it might be best to clarify this by example. so you take edie windsor, a plaintiff coming out of new york who's going to be the plaintiff in this case. she was with another woman for 40 years. they got married in 2007. when her partner passed away, her wife passed away, for state purposes, in the eyes of new york state, she was next of kin. so her remains were released to edie. but for federal purposes, they were c
when they passed doma into law in 1996. i need to get your immediate reaction to the supreme court news this afternoon. >> well, i think it's very good for the advocates of marriage equality that the court took both of these issues up. the first issue is this question of the defense of marriage act. it was passed really in the middle of the night in 1996 and signed very reluctant lie by president clinton and e sin essentially says one state does not have to recognize the marriage equality rights another state may give. if you are married legally in the state of massachusetts and you happen to reside -- this is as a gay couple -- and you happen to reside in the state of california, the state of california does not need to recognize your massachusetts marriage, and as a result there are over 1,000 benefits that can be denied to a legally married gay couple if they happen to be living in a state that doesn't recognize gay marriage. my guess is the supreme court will declare that unconstitutional because there is a long tradition under the privileges and immunities clause of the constitutio
questions are on the doma case and windsor case. the cases being defended by a group of republican members and it is not clear that they have actual standing to bring the case. so if the court says you don't have standing, then the lower court would prevail and windsor would prevail. >> how would the court's ruling affect marriage equality? >> it couldn't be more important. that case came for african-americans in 1954, i believe. this could be that moment. we're all hoping that it is. this country is an imperfect union by mere fact that we have not recognized the right of people in love to be married. there are 120,000 couples in this country that are directly -- have their interests directly at stake. but it's not just them. the question is will this country embrace this fundamental human right? and i don't believe kennedy wants to be on the wrong side of history on that. to the constitutionty. is doma doomed?
. it's 2012 for pete's sake. we should all be equal by now. cheryl harris says "i think doma women get shut down quickly on solid legal grounds. prop 8 harder but kennedy will clear it up." >>> next the tug-of-war over the fiscal cliff. how much are democrats willing to give our entitlement cuts? we'll ask congressman elijah cummings that question. >>> the fight on capitol hill convinces a big powerball winner to claim his fortune now. you're watching "weekends with alex witt." [ woman ] ring. ring. progresso. in what world do potatoes, bacon and cheese add up to 100 calories? your world. ♪ [ whispers ] real bacon... creamy cheese... 100 calories... [ chef ] ma'am [ male announcer ] progresso. you gotta taste this soup. i tell them dentures are very different to real teeth. they're about 10 times softer and may have surface pores where bacteria can grow and multiply. polident is specifically designed to clean dentures daily. its unique micro-clean formula kills 99.9% of odor causing bacteria and helps dissolve stains, cleaning in a better way than brushing with toothpaste. that's why
's start with doma. if that is struck down by the high court, thewill that be thed of conservatives' attempts of outlawing gay marriage? >> it is the mother of all federal laws to try to outlaw. it will be over it it's overturned. if social conservatives try to get smart about this stuff, looking for opportunities to play defense instead of offense, doma, which is a terrible law in my estimation, was an attempt to completely play offense. you can't do this anywhere in any state. we're going to pre-empt you before you try. i think social cons are in a much better position when they say, look, let's make it so the government can't compel us to do things privately we don't want to do. i think you'll see much more emphasis placed on that. the question will be more than what will the supreme court try to do because they don't want to be out in front of public opinion too much. it's going to be fascinating. >> and they've rarely been accused of doing that either. david, let's move on to prop 8 in california. if that's struck down, does that mean same-sex marriage is for all intensive purp
Search Results 0 to 8 of about 9 (some duplicates have been removed)